Tender Offer for Real Estate

TENDER OFFER FOR REAL ESTATE

Date of Offer:

Parties

Offeror (Buyer) Name:

Owner (Seller) Name:

Property Identification

Offer Terms

Purchase Price: $    Earnest Money Deposit: $

Method of Payment (check all that apply): Cash Conventional Loan FHA VA Other:

Proposed Closing Date:    Possession Date:

Contingencies and Inspections

Inspection Contingency: Yes No    Inspection Period (days):

Financing Contingency: Yes No    Financing Approval Period (days):

Appraisal Contingency: Yes No

Title, Survey, and Prorations

Seller shall deliver marketable title free of liens and encumbrances except those specifically disclosed. Buyer or Buyer’s lender may obtain a title commitment and survey at Buyer’s expense. Title objections must be delivered to Seller within days after receipt of title commitment.

Prorations: Real estate taxes, rents, homeowner association assessments, and other customary items shall be prorated through the date of closing in accordance with customary local practice unless otherwise agreed in writing.

Disclosures

Lead-Based Paint Disclosure (if applicable): Yes No

Known Material Defects (including prior structural, water, pest, or fire damage): Yes No

Default, Remedies, and Allocation of Risk

If Buyer fails to complete the purchase in accordance with this Offer (and after any applicable cure period), Seller may terminate this Offer and seek all remedies available at law or in equity, which may include retaining the earnest money as liquidated damages if specified in writing or pursuing specific performance. If Seller fails to convey title in accordance with this Offer, Buyer may seek specific performance, return of the earnest money, or other remedies as provided by law. The parties acknowledge that remedies at law may be inadequate and that equitable relief may be appropriate.

Escrow Instructions and Closing Costs

The parties shall execute escrow instructions consistent with this Offer. Buyer shall pay customary buyer closing costs, and Seller shall pay customary seller closing costs, except as otherwise agreed in writing herein:

Representations and Warranties

Seller represents that Seller has the authority to sell the Property, the Property is not subject to pending litigation materially affecting title or use (except as disclosed), and to Seller's knowledge no material violations of building codes or environmental laws exist. Buyer acknowledges Buyer is relying on Buyer's own inspection and investigation except where Seller has expressly warranted otherwise in writing.

Acceptance; Irrevocability

This Offer is a binding tender when signed by Offeror and delivered to Seller or Seller's authorized representative. Seller may accept this Offer by signing below and returning a signed counterpart to Offeror prior to the Expiration Deadline. This Offer shall be irrevocable until at local time, unless earlier revoked in writing by Offeror.

Miscellaneous Provisions

Entire Agreement: This Offer, together with any written addenda and accepted escrow instructions, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior negotiations, representations, and agreements. Amendments must be in writing and signed by both parties.

Governing Law: This Offer shall be governed by and construed in accordance with the laws of the state in which the Property is located.

Notices: All notices required or permitted under this Offer shall be in writing and delivered by hand, overnight courier, or certified mail to the addresses set forth above or to such other address as a party may designate in writing.

Acknowledgment and Certification

By signing below, Offeror certifies that the information provided in this Offer is true and correct to the best of Offeror's knowledge, that Offeror has the authority to submit this Offer, and that Offeror understands the legal consequences of making a binding tender. Seller's counter-signature constitutes acceptance of the Offer on the terms and conditions set forth herein.

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